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Privacy & Terms

Effective date : September 15, 2016

Privacy Policy

By using the YuppTV USA Inc., our website, the User consents to the collection, use, and storage of User information by YuppTV in the manner described in this Privacy Policy and elsewhere on the YuppTV sites. This Privacy Policy applies only to information YuppTV and the Services collects about the User and does not apply to information about the User collected by YuppTV’s affiliated providers or third party websites and offerings linked to or otherwise accessible from the YuppTV website or the Services. The information collected or received by YuppTV’s affiliated providers and/ or third parties are subject to their own privacy policies.

This Privacy Policy details important information regarding the use and disclosure of User information collected on the YuppTV USA Inc., sites to enable the User to make an informed decision about whether to use or continue using the YuppTV USA Inc., sites and the Services. It is clarified that any video, image, or other User Content posted at the direction of the User onto the YuppTV site and the Services becomes published content and shall not be considered personally identifiable information subject to this Privacy Policy.

collection of Information

Types of Information YuppTV Collects:

When you access one of the YuppTV sites, we may collect personally identifiable information from you when you voluntarily submit this information to us. Examples of personally identifiable information may include your name; email address, phone number, user name, password. mailing address, and other information such as payment or credit card information. We may also collect other information when you access our Site. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual. Other Information may include the type of device you are using, your IP address, the geographic location of your device (e.g., zip code or county), your operating system, the type of Internet browser that you use, usage information, diagnostic information and other data that allow us to improve our applications and serve you better, demographic information and other information provided by you, and aggregated information.

The information gathered by YuppTV may also include information gathered on usage patterns and preferences as the User navigates through YuppTV’s sites and/ or uses the Services. An agent or affiliate of YuppTV may, at times and on being so authorized, collect information on behalf of YuppTV. Third party providers featured on or linked to by the YuppTV sites, such as vendors of products and services offered through the sites, may be gathering the same kinds of information.

Any personal information or video content that the User voluntarily discloses online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others. The Users account name (not the email address) is displayed to other Users when any videos are uploaded or messages are sent through the Services and other Users can contact the User through messages and comments. Any videos that the User submits to the YuppTV sites may be redistributed through the internet and other media channels, and may be viewed by the general public.

Cookies:

To enable YuppTV to make its sites more responsive to the needs of the Users, YuppTV may use a standard feature of browser software called a “cookie,” to assign each visitor a unique, random number, a type of user ID that may reside on the Users computer. The cookie doesn’t actually identify the User but identifies only the computer that is used to access the site. Advertisers and other third parties that provide products or services through the YuppTV site may also assign their own cookies to the Users browser and such process is beyond YuppTV’s control. YuppTV may use both session cookies (which are temporary and disappear after the User closes the browser) and persistent cookies (which remain after the User closes the browser and which may be used by the Users browser on subsequent visits to the site). The User may reset the web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the YuppTV sites may not function properly if the ability to accept cookies is disabled.

Other Methods:

The YuppTV web pages may contain electronic images (called “single-pixel GIFs” or “web beacons”) that allow YuppTV and its affiliates to count users who have visited particular pages or to access certain cookies. These tools and other technologies to may be used to recognize which pages users visit, and which links they click on. These features may also be included in email newsletters so that YuppTV may learn which messages have been opened and acted upon. These tools may also enable YuppTV to verify online purchases by the User from the YuppTV sites or from third party sites that have agreed to share such information with YuppTV.

Browser Level Information and IP Addresses:

The YuppTV web servers automatically collect limited information about the Users’ computer configuration, including browser software, the operating system, the website that referred the User, and the Users’ IP address browser language, platform type, number of clicks, domain names, landing pages, pages viewed, the order of those pages, and the amount of time spent on particular pages, the date and time of the Users’ request, and one or more cookies that may uniquely identify the Users’ browser.

Third Party:

YuppTV may permit third-party ad servers or ad networks, to display advertisements within the YuppTV sites. Such third-party ad servers or ad networks use technology to send, directly to the Users your browser, the advertisements and links that appear on YuppTV sites and automatically receive the Users IP address when this happens. The third party may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content the User sees. The User should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. YuppTV’s privacy policy does not apply to, and YuppTV cannot control the activities of, such other advertisers or web sites.

How YuppTV Responds to Do Not Track Signals:

We may partner with third-party service providers to serve ads regarding goods or services that may be of interest to you when you access and use the Site and third party-sites. Some of the ads on this Site or on third party sites may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your computer’s browsing activity on both the Site and third-party sites. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).

These opt-out mechanisms rely on cookies to remember your choices. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests.

Storage of Information

Any information provided by the User to YuppTV shall be stored and held under generally accepted standards of technology and operational security in order to protect the Users personally identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel are permitted access to the User information and these personnel are required to treat this information as confidential. Despite these precautions, YuppTV cannot guarantee that any and all unauthorized access to the Users information will be prevented.

All classifieds, User Content, postings, etc. are stored in the YuppTV database, even after “deletion,” and may be archived elsewhere and the web logs and other records are stored indefinitely. Search engines and other sites not affiliated with YuppTV - including archive.org, google.com, etc. may archive or otherwise make available YuppTV postings.

Usage of Infromation

YuppTV uses IP address information for systems administration and troubleshooting purposes. This information is also used to deliver web pages to the User upon request; to tailor the site to the interests of the users and to measure traffic within the YuppTV site.

Any personally identifiable information provided by the User is used to operate, maintain, and provide the User with the features and functionality of the YuppTV sites.

YuppTV does not use the Users email address or other personally identifiable information to send commercial or marketing messages without the Users consent except as part of a program or feature for which the User may exercise an option to not receive such messages. YuppTV may, however, use the Users email address without further consent for non-marketing or administrative purposes. YuppTV may use both personally identifiable information and certain non-personally- identifiable information to improve the quality and design of the Services and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

YuppTV uses cookies, clear gifs, and log file information to: remember information so that the User is not required to re-enter it during subsequent visits; provide custom and personalized content and information; monitor the effectiveness of marketing campaigns; monitor logs such as total number of visitors, pages viewed, etc.; and to track entries, submissions, and status in promotions, sweepstakes, and contests of the User.

Disclosure of Information

Affiliates:

YuppTV may share certain types of information such as account information, diagnostic information, transaction information, and usage information with subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on its behalf. YuppTV requires such affiliates to process such information in compliance with this Privacy Policy and shall undertake all reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

Third Parties:

YuppTV does not share the Users personally identifiable information with third- party companies or organizations for their commercial or marketing use without the Users express consent except as part of a specific program or feature for which the User has the ability to opt-in or opt-out. YuppTV may share non-personally-identifiable information with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the YuppTV sites and the Services. YuppTV may use the information to present offers to the User on behalf of business partners and advertisers. These business partners and advertisers may receive aggregate data about groups of YuppTV but do not receive information that personally identifies the User.

Transactions/Requests with Third Parties:

The User may choose to use the Services to purchase goods/services from third party providers. YuppTV may share necessary information with third parties to fulfil a transaction the User has requested. YuppTV may share information where the User has consented to the sharing of such information, or except as described in this Privacy Policy/Legal Obligations/Fraud. YuppTV may be required to may disclose such records as it believes in good faith to be appropriate or necessary to protect its legitimate business interests, safeguard others, or respond to legal process like subpoenas, court orders, or other legal process, or to establish or exercise its legal rights or defend against legal claims. The information may also be required to be disclosed in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TOU, or as otherwise required or permitted by law.

Statistical Information:

Much of the information YuppTV collects is in the form of aggregated statistics, such as the traffic that visits various pages within the Services, the habits and preferences of the audience, etc. Such aggregated information does not include any personally identifiable information and YuppTV may use such aggregated information and/ or disclose it to third parties as it deems fit.

Your California Privacy Rights:

California law permits our established customers who are California residents to request information regarding the manner in which YuppTV shares certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to YuppTV at its designated address and receive the following information:

The categories of information YuppTV disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year;

The names and addresses of third parties that received such information; and

If the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. YuppTV’s designated email address for such requests is info@yupptv.com

We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Security of Information

YuppTV has established safeguards to help prevent unauthorized access to or misuse of User information, but cannot guarantee that such information will never be disclosed in a manner inconsistent with this Privacy Policy. To protect the Users privacy and security, YuppTV may use passwords to help verify the Users identity before granting access or making corrections to any User information.

YuppTV uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of User information. YuppTV, however, ensure or warrant the security of any information transmitted to YuppTV by the User and is transmitted at the Users own risk. Once YuppTV receives the transmission of information, YuppTV makes commercially reasonable efforts to ensure the security of its systems. However, YuppTV cannot a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any physical, technical, or managerial safeguards.

If YuppTV becomes aware of a security systems breach, then YuppTV may attempt to notify the User electronically so that the User can take appropriate protective steps or may post a notice on the YuppTV sites. Depending on where the User resides, the User may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw consent from receiving electronic notice) the User should notify YuppTV using the contact form.

User Choices

The User may decline to submit personally identifiable information through the YuppTV sites, in which case YuppTV may not be able to provide certain services. If the User opts to register with and provide information to YuppTV, the User will have the opportunity to unsubscribe, review, update, or delete the information provided at any time. If the User opts to remove registration information completely, the User may not be able to continue using certain services that require registration.

To protect the Users privacy and security, YuppTV takes reasonable steps (such as requesting a unique password) to verify the Users identity before granting profile access or making corrections. The User is responsible for maintaining the secrecy of the unique password and account information at all times. It is clarified that media files uploaded by Users to the YuppTV sites and the Services cannot be removed and remain subject to the TOU.

The User may contact YuppTV with any questions or comments about this Privacy Policy, personal information, User consent, or opt-in or opt-out choices using the contact form.

Children's Privacy

YuppTV websites are not intentionally designed for or directed at persons less than 18 years of age. YuppTV does not knowingly permit any person who is under 18 years of age to register with the Services or to provide any other personally identifying information. Any person under 18 years of age visiting the YuppTV sites is prohibited from accessing or using the Services in any manner and at any time. If YuppTV becomes aware that any personally identifiable information of persons less than 18 years of age has been collected on the YuppTV sites without verified parental consent, then YuppTV will take the appropriate steps to delete any such information.

Change in Control

In the event that YuppTV is acquired by or merged with a third party entity, YuppTV reserves the right, in any of these circumstances, to transfer or assign the information collected from the Users as part of such merger, acquisition, sale, or other change of control. In the event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, YuppTV may not be able to control how the your personal information is treated, transferred, or used.

Modifications

YuppTV may update or revise this Privacy Policy from time to time. Please take a look at the “Effective Date” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy. YuppTV will also notify you of any material changes to this Privacy Policy. Your use of the YuppTV sites following any changes to this Privacy Policy means you accept the revised Privacy Policy.

Contact Information

Users may contact YuppTV with any questions or comments about this Privacy Policy using the contact form or may address such queries and / or comments to info@yupptv.com

Terms & Conditions

Agreement

This Agreement sets out the terms and conditions for a user intending to subscribe, avail or access or receiving services and/or equipment of YuppTV India Private Limited/ YuppTV USA Inc. The services provided by YuppFlix pursuant to this Agreement are services which would be made available to a user upon payment of a charge for such services. The User availing the Services shall be deemed to read, understand and accepted these Terms and Conditions.

Any non-recurring package, after expiration, gets converted to Monthly Package.

1A. Definition:

Dongle/Scope shall mean equipment provided by YuppFlix to the User for the purposes of availing the Services as envisaged herein.

Services shall mean and include the Services as mentioned in Clause 2 hereinafter

User shall mean and include all the existing and future user who avails the Services of the YuppFlix

The Services

YuppFlix provides online entertainment services (Services) such as access to digital content, including but not limited to audiovisual programs, movies, music videos, events, soaps, serials, trailers and other audio visual programs (Content) at a price and on the terms and conditions as set out in this Agreement.

By agreeing to these Terms & Conditions, YuppFlix grants you a non-exclusive, non-sub licensable, non-transferable, limited right to access and use this Site, and view the channel(s) subscribed to by you by way of one (1) computer (or other applicable device) owned or controlled by you, connected to the Site over the Internet at any given time and in strict conformity with these Terms of Use. YuppFlix platform, enabled through any device, should be accessed by only one IP address per user. Sharing of accounts is strictly prohibited. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site. Any other use or exploitation of this Site, including the content on the Site (the "Site Content") and the software used by YuppFlix to provide the Site (the "Site Code"), is strictly prohibited.

The Site Content and Site Code are owned by YuppFlix and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright 2017 YuppTV. All Rights Reserved. Unless expressly permitted elsewhere in the site by YuppFlix, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Registration

Every User is required to register with YuppFlix and the Services. The User will be required to provide certain information at the time of registration as required from time to time by the YuppFlix or any other authority and will be assigned an account (Account) with a username and a password. Registration permits the User to subscribe to the Services and to purchase limited rights to the Content. If the User fails to provide the information to YuppFlix as required from time to time, YuppFlix shall have the right to discontinue the Services without any further notices or cost.

The User agrees to provide accurate, complete and valid information at the time of registration and/or subscription and undertakes to keep such information current and updated. The User also undertakes to keep details of the Account and the password secret and safe from unauthorized and inappropriate use. The User acknowledges that YuppFlix shall not be liable to the User or any third party for loss or misuse of the information relating to the Account or the password.

YuppFlix has the right to terminate the Service to any User if any information provided by such user is false, inaccurate or misleading without any further notice or cost.

The User acknowledges that YuppFlix will retain and maintain the registration information (including information relating to the credit card of the User) to maintain the Users accounts and for billing purposes and the User expressly consents to the retention and use of such information by YuppFlix.

The Account

The User is solely responsible for maintaining the confidentiality and security of the Account and is advised against revealing any Account information to any other person. The User is also singularly responsible for all activities that occur on or the Account and the User shall immediately notify YuppFlix of any unauthorized use of the Account or any other breach of security. The User may change or retrieve a forgotten password at any time by following the instructions on the login page.

YuppFlix shall not be responsible for any losses arising from the unauthorized use of the Account. The User is responsible in all respects for any material purchased and received by the User and YuppFlix shall not be liable in the event of any loss, destruction, or damage of any such material purchased by the User.

Transfer of Account & Assignment Rights

It is hereby expressly agreed and acknowledged by the User that YuppFlix has absolute rights to assign all its rights under this document or such other documents connected with service(s), to third party or parties without execution of any further deed(s) or document(s) with User.

It is hereby expressly agreed and acknowledged by the User that in the eventuality of YuppFlix been acquired by any third Party pursuant to an order of Court or by agreement(s) or otherwise resulting into change of ownership/management of YuppFlix in such a case each of the existing contracts, rights and commitments of YuppFlix towards the User, shall stand transferred/assigned, including but not limited to right to collect monthly subscription rents, charges and all other dues, from the User shall be vested upon such acquirer from the date of such acquisition without execution of any further deed or documents.

Subscription

6.1 1User may apply for termination of the monthly subscription anytime. His/her subscription would get terminated at the end of that month and would not be charged from next month onwards.

6.2YuppFlix will not refund any unutilized price for any part of the Services. However, termination of the subscription shall not relieve the User of any obligations (including, but not limited to the payment for the Services) as set forth in this Agreement.

6.3Cancellations of quarterly, half-yearly and yearly packages with and without Devices shall not be permitted under any circumstances as they are available to User at discounted prices.

6.4 Yearly Expiry Conversions

To provide users uninterrupted services, all the non-recurring packages (yearly, half-yearly packages) would be converted into respective monthly packages after package validity expiration. If any User does not want to continue after expiration of the non-recurring package, he/she would have to call YuppFlix customer support and request for cancellation of the respective package. In such cases, amount charged on card for monthly package would be refund to the User’s credit card.

If User fails to confirm cancellation, amount for respective monthly package would be charged on the credit card and services will continue on that User Account.

Australia/New Zealand users are entitled to avail the yearly packages as a one-time offer only.

6.5 Device Activation Fee

All Half-Yearly and Yearly package subscribers will be charged a one-time, non-refundable fee of $10 as device activation fee. Customers must pay a one-time fee of $20 and an additional $2.99 per month for the remaining term of his subscription, for activating each device thereafter. There is no device activation fee for PC and mobile devices, however only up to 2 mobile devices are allowed per account.

For all monthly packages, customer will be charged a service fee of $2.99 per month to enable access on up to one Television. To watch services simultaneously on more than one television, customers will be charged an additional $2.99 for activating each device thereafter. There is no additional account activation cost to this customer.

If a customer cancels the package and comes back, then the customer must pay the Non-Refundable Device Activation fee again.

YuppFlix has rights to change the above-mentioned fees anytime.

Payment

The User shall provide YuppFlix with a valid credit card for the payment of all monies due and payable for the use of the Services and by agreeing to these Terms & Conditions the User expressly authorizes YuppFlix to bill, charge and collect against the said credit card for purchases and other transactions in respect of the Services from the credit card provided by the User.

The User agrees to pay for all Services and subscriptions purchased through the Services as and when they become due and payable. YuppFlix may bill /charge the Users credit card for any fees or purchases or other charges and for any additional amounts (including any taxes and late fees, as applicable) as may have accrued to or incurred by or in connection with the Account and the use of the Services.

The Users use of the Services includes the ability to enter into agreements and/or to make purchases electronically. The User expressly acknowledges and undertakes that any and all electronic submissions by the User shall be binding on the User and shall constitute the Users intent to be bound by the terms of this Agreement and to comply with the payment requirements including payments for the purchase of any of the Services or charges in respect thereof and be liable to pay monies which may become due and payable in accordance with the terms of this Agreement. The User shall also be bound by electronic submissions in respect of all records relating to all transactions including notices of cancellation/ termination, policies, contracts, and applications.

Avail “Festive Season offer” with a commitment of four months from the day of subscription. If cancellation of the subscribed package occurs on or before 4th month, in which case, USD 49.99 shall be charged to the mentioned Credit card on account of cancellation of the YuppTV Media Player.

The User may request for information related to purchase transactions at any time by contacting support@yuppflix.com. However, YuppFlix shall not send physical copies of any statements to any user.

Transmission

YuppFlix will make all reasonable efforts to ensure that the Content reaches the User. The User acknowledges that at times this may be affected by things beyond the control of YuppFlix due to force majeure including interruptions due to storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature and agrees that YuppFlix shall not be liable for any delay or disruption caused by such interruptions.

On occasion, technical problems may delay or prevent delivery of the product or services requisitioned by the User. YuppFlix shall, at its exclusive option and discretion, either replace the product or service which was not delivered or refund within a reasonable period the purchase price paid for such product or service. The User acknowledges that while using the Services, the User may encounter content that may be deemed offensive, indecent, or objectionable. The User agrees to use the Services at the sole risk and discretion of the User and that YuppFlix shall not be liable to the User for any content that may be found to be offensive, indecent, or objectionable.

The User acknowledges that some aspects of the Services entail the ongoing involvement of YuppFlix and that interruptions or discontinuation may occur when YuppFlix is implementing any changes to the Services and that the User may not be able to use the Services to the same extent as prior to such change or discontinuation and that YuppFlix shall have no liability to the User in such case.

YuppFlix reserves the right to change, suspend, remove, or disable access to any Services, content, or other materials comprising any part of the Services at any time without notice. In no event will YuppFlix be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. YuppFlix may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

Restrictions

The User acknowledges that the Services and the products purchased through the Services include a security framework which uses technology that protects digital information and limits the usage of the products and the Services to certain usage rules established by YuppFlix and its licensors. The User shall be authorized to use the products and the Services only for personal, in the house, and non-commercial use. The User shall not to attempt to, or assist another person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by YuppFlix for compliance purposes and YuppFlix reserves the right to enforce the Usage Rules with or without notice to the user.

Changes in Services Offered. YuppFlix may add, delete, rearrange, alter, interrupt, change and/or eliminate any and all programming, programming packages and/or other Services that YuppFlix offer, as well as the prices and fees related to such programming, programming packages and/or other Services that YuppFlix offer, at any time and from time to time, including without limitation during any term commitment period to which User have agreed. In the event that YuppFlix add, delete, rearrange, alter, interrupt change and/or eliminate any programming, programming packages and/or other Services that YuppFlix offer, YuppFlix have no obligation to replace or supplement such programming, programming packages and/or other Services that YuppFlix offer. User shall not be entitled to any refund or refund because YuppFlix add, delete, rearrange, alter, interrupt, change and/or eliminate any programming, programming packages and/or other Services that YuppFlix offers.

User expressly acknowledge and agree that additions, deletions, rearrangements, alterations, interruptions, changes and/or eliminations to any programming, programming packages and/or other Services that YuppFlix offers that arise in connection with the termination or suspension of YuppFlix’s access to all or any portion of any programming, programming packages and/or other Services that YuppFlix offer is not a discretionary act by YuppFlix.

Promotions

YuppFlix may offer Users certain promotional offers from time to time. Entitlement to promotional offers shall be subject to the eligibility criteria set out in such offers. YuppFlix reserves the right to change or terminate the promotional offers any time at its own discretion. A User who takes up a promotional benefit by virtue of his registration for a purchase plan and who subsequently terminates such purchase plan before the expiry of the plan shall be charged for the promotional benefit received by the User.

System Requirements

Use of the Services to access movies, music videos/audios or television programs requires a compatible device, Internet access and certain software and may require obtaining updates or upgrades from time to time. The ability of the User to use the Services may be affected by the performance of these factors. High speed Internet access/Broadband is recommended for availing the use of the Services.

Privacy Policy

The Privacy Policy is incorporated into and forms a part of this Agreement. YuppFlix may use any personal information provided pursuant to this agreement in accordance with the provisions of the Privacy Policy.

Third Party materials and websites

The User acknowledges that certain content, products and services available via the Services may include materials from third parties. In addition, YuppFlix may provide links to certain third party websites. The User acknowledges and agrees that YuppFlix shall not be responsible for examining or evaluating the content or accuracy of any such third-party material or websites. YuppFlix does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties

Enforcement

YuppFlix reserves the right to take all necessary and appropriate steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to YuppFlix right to cooperate with any legal process relating to the Users use of the Services and/or products, and/or a third party claim that the Users use of the Services and/or Products is unlawful and/or infringes such third party’s rights). The User agrees that YuppFlix has the right, without liability, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as YuppFlix believes to be reasonably necessary or appropriate.

Minor

If the User is a minor under the age of 18, the terms of this Agreement should be reviewed and accepted by his/her parent/guardian to ensure that the User and the parent/guardian understands these terms and conditions. Purchase of the Services by the User would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment of the Services used.

Proprietary Rights

The User acknowledges and agrees that the Services, including but not limited to graphics, audio and film clips and editorial content, contains proprietary information and material that is owned by YuppFlix and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and other proprietary rights. The User shall not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means.

The User agrees not to, in any manner, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening the network capacity.

All copyright in and to the Services, including but not limited to Services and products (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), audio visual clips, films, graphics, images, animations, illustrations, editorial content and software are owned by YuppFlix and/or its licensors. Any duplication or use of these in other electronic or printed publications is not permitted. The use of the software or any part of the Services, except for use of the Services as permitted in this Agreement is strictly prohibited and shall infringe on the intellectual property rights of YuppFlix and/or its licensors. Infringement of these copyrights may subject the User to civil and criminal penalties, including monetary damages.

YuppFlix, the YuppFlix logo and other YuppFlix trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of YuppFlix. The User is not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Disclaimers

YuppFlix does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free and the User agrees that from time to time, YuppFlix may remove or suspend the Services for indefinite periods of time, or cancel or terminate the Services at any time, with or without notice to the User.

The User expressly agrees that the use of, or inability to use, the Services is at sole risk of the User. The Services and all products and services delivered to the User through the Services are provided on an as is and as available for the Users use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Due to Channel owners discretion, YuppFlix can add / remove/ replace any existing channel or (s) that are part of the package, with some other channel at any point of time.

"Prices for the packages are subject to change"

Liability

YuppFlix, its directors, officers, employees, affiliates, agents, contractors, or licensors shall not be, at any time and for any reason whatsoever, liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the Users use of any of the Services or for any other claim related in any way to the use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In states or jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages, YuppFlix liability shall be limited to the extent permitted by law.

YuppFlix shall use reasonable efforts to protect information submitted by the user in connection with the Services. The User, however, acknowledges and agrees that the submission of such information is at the sole risk of the user and YuppFlix hereby disclaims any and all liability to the User for any loss or liability relating to such information in any way.

YuppFlix does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and YuppFlix disclaims any liability relating thereto and the User shall be solely responsible for backing up the Users system.

Waiver & Indemnity

By using the Services, the User agrees to indemnify and hold YuppFlix, its directors, officers, employees, affiliates, agents, contractors and licensors, harmless with respect to any claims arising out of the Users breach of this agreement, use of the Services, or any action taken by YuppFlix as part of its investigation of a suspected violation of this agreement or as a result of its finding that a violation of this agreement has occurred. The User shall not sue or recover any damages from YuppFlix, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of YuppFlix conclusion that a violation of this agreement has occurred. This waiver and indemnity provision shall apply to all violations described in or contemplated by this agreement.

Termination

This Agreement or the Users subscription may be terminated by YuppFlix if the User fails or YuppFlix suspects that the User has failed to comply with the any of the provisions, including but not limited to failure to make payment of fees due, failure to provide YuppFlix with a valid credit card or with accurate and complete registration data, failure to safeguard Account information, or violation of the usage rules or any license to the software, of this Agreement. Alternatively, YuppFlix may, at its discretion terminate the license to the software; and/or preclude access to the Services (or any part thereof). YuppFlix may or may not give the User a notice of such termination. The User you will remain liable for all amounts due under the Account up to and including the date of termination.

In addition to all other rights that YuppFlix TV may have to disconnect Services at any time without notifying User if: (i) User fail to pay for any such Services in advance; (ii) YuppFlix receive confirmation that User have received Services, or any part of the Services, without paying for them; (iii) User otherwise violate the terms and conditions of this Agreement; (iv) User assign or attempt to assign any of User rights, duties or obligations under this Agreement or any applicable promotion Agreement; (v) User are receiving Services through a third-party billing agent and become ineligible to receive applicable Services provided by such third-party billing agent; (vi) User receiving Services through equipment provided by or purchased from a third-party equipment provider and become ineligible to receive applicable services provided by such third-party equipment provider; or (vii) User commence any act or filing of bankruptcy or bankruptcy proceedings are commenced against User.

If User Services are cancelled or disconnected for any reason, User still must pay all outstanding balances accrued, including without limitation, any applicable fees. Charges for Services, once charged to User account, are non-refundable, and no refunds or credits will be provided in connection with the cancellation of Services. Without limitation to the foregoing, YuppFlix will not issue refunds or credits for partially used services and/or periods. If User received a discounted price due to a promotion, and he/she cancels prior to any applicable expiration of that promotion, User shall not be entitled to any refund or credit for the unused portions of such discounted price.

YuppFlix reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to the User and YuppFlix shall not be liable to the User or to any third party upon exercise of such right.

Modifications

YuppFlix reserves the unilateral right to, at any time, update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on the use of the Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and shall be deemed to be incorporated into this Agreement by reference. The User is advised to periodically review this Agreement to remain updated on the terms and conditions of this Agreement. The Users continued use of the Services following such incorporation will be deemed to constitute the Users acceptance of any and all such modifications.

Notices

YuppFlix may notify the User with respect to the Service by sending an email message to the email address or by sending a letter via postal mail to the contact address listed in the Account contact information.

Notices to YuppFlix must be sent to info@yuppflix.com and all notices must clearly bear the name, account name, address, telephone number and e-mail of the User.

Governing Law

This Agreement is governed by the laws of the United States and the federal state of Georgia and is subject to the exclusive jurisdiction of the courts at Georgia. The Users use of the Services may also be subject to other local, state, national, or international laws. The User expressly agrees that exclusive jurisdiction for any claim or dispute with YuppFlix or relating in any way to the use of the Services shall be of the courts of Georgia, United States of America.

Limitation of Liability

LIMITATION OF OUR LIABILITY

A. INTERRUPTIONS AND DELAYS. NEITHER YUPPFLIX NOR ITS THIRD-PARTY BILLING AGENTS OR DONGLE/EQUIPMENT PROVIDERS, NOR ANY OF YUPPFLIX OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY SERVICE OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT INCLUDING WITHOUT LIMITATION: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF YUPPFLIX’S ACCESS TO ALL OR ANY PORTION OF SERVICES FOR ANY REASON; (ii) THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT SERVER(S); (iii) AN ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR EQUIPMENT; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY YUPPFLIX; (v) ISSUES RESULTING FROM YOUR BROADBAND CONNECTION, INCLUDING WITHOUT LIMITATION, LACK OF SUFFICIENT BANDWIDTH; OR (vi) ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER OR INTERNET FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND YUPPFLIX REASONABLE CONTROL.

B. ALTERATIONS TO EQUIPMENT. NONE OF YUPPFLIX OR ANY THIRD-PARTY BILLING AGENTS OR DONGLE/EQUIPMENT PROVIDERS OR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY EQUIPMENT, FOR THE AVOIDANCE OF DOUBT INCLUDING WITHOUT LIMITATION, REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY.

C. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE LAW, NEITHER YUPPFLIX NOR ANY THIRD-PARTY BILLING AGENTS,, APPOINTED BY YUPPFLIX, OR DONGLE/EQUIPMENT PROVIDERS, NOR ANY OF OUR OR THEIR AFFILIATES, MAKE ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING YOUR YUPPFLIX DONGLE OR ANY OTHER EQUIPMENT OR ANY SERVICES FURNISHED TO USER. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.

D. CONTENT RESTRICTIONS. IT IS USER’S RESPONSIBILITY TO IMPOSE ANY PROGRAMMING, INTERNET OR OTHER CONTENT RESTRICTIONS ON HIMSELF/HERSELF, MEMBERS OF USER’S FAMILY AND HOUSEHOLD, AND GUESTS, AS USER DEEM APPROPRIATE. NONE OF YUPPFLIX OR ITS THIRD-PARTY BILLING AGENTS OR /DONGLE/EQUIPMENT PROVIDERS OR ITS AND THEIR AFFILIATES WILL BE LIABLE TO ANYONE DUE TO, OR BASED UPON, ANY CONTENT (INCLUDING WITHOUT LIMITATION, ANY INACCURACIES, ERRORS IN, OR OMISSIONS FROM SUCH CONTENT): (i) CONTAINED IN ANY OF THE SERVICES FURNISHED TO USER; OR (ii) ACCESSED USING THE SERVICES OR EQUIPMENT FURNISHED TO USER

E. DAMAGES LIMITATION. NEITHER YUPPFLIX NOR ITS THIRD-PARTY BILLING AGENTS OR DONGLE PROVIDERS, NOR ANY OF ITS OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO: (i) YUPPFLIX DONGLE OR ANY OTHER EQUIPMENT; (ii) YUPPFLIX FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO USER; OR (iii) ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO USER.

GENERAL

A. Age; Physical Address/Change of Address. User must be at least 18 years of age to enter into this Agreement. When setting up your YuppFlix account, User must provide us with complete and correct personal information related to his/her account, including User email address, the physical address where User Dongle will be located and your Services will be provided. A post office box does not meet this requirement. User must give us immediate notice of any change of name, your email address, mailing address, telephone number, or physical address where your YuppFlix Dongle/Equipment is located.

User may do this by notifying YuppFlix customer service center by telephone or in writing at the phone number, mailing address, or e-mail address set forth at the top of this Agreement.

B. Online Account Information. User hall be responsible for maintaining the confidentiality of his/her account username and password of his/her online account and for all activities that occur under his/her account username and/or password. User must: (i) keep his/her account username and password confidential and, except as explicitly provided in this Agreement, not share them with anyone else; and (ii) immediately notify YuppFlix of any unauthorized use of your password and/or account username or other breach of security.

C. Third-Party Billing Agents. YuppFlix may enter into relationships with third parties to provide billing and other services on its behalf, in which case the terms and conditions of this Agreement shall apply to such third parties as applicable under the circumstances. Additional terms and conditions imposed by such third-party billing agents may apply. For example and without limitation: (i) late fees imposed by such third-party billing agents may be administered according to the third-party billing agent's billing procedures and applicable state tariffs and regulations; (ii) YuppFlix third-party billing agents may require that User shall pay all past due charges for Services, a restart fee, and/or a prepayment before YuppFlix reconnect his/her Services; and (iii) other services provided by such third-party billing agents, including without limitation, local telephone service, may need to be restored before YuppFlix Services can be restored, and a restoral fee and/or deposit may be required to restore third-party billing agent services Partial payments on third party billing agent bills may be applied first to the balance due for other services billed on User third party billing agent bill, including without limitation, local telephone service, according to the third-party billing agent's billing procedures and applicable state statutes and regulations Please contact your third party billing agents for details. Failure to pay all or any part of your third-party billing agent bill may result in disconnection of services.

D. Credit Checks. You authorize YuppFlix to investigate your financial responsibility and creditworthiness, including without limitation, acquiring credit reports and histories, and to report any payment defaults to credit reporting agencies.

E. Remedies Cumulative. The rights and remedies provided under this Agreement to YuppFlix in case of User’s default or breach of this Agreement are cumulative and without prejudice to any other rights and remedies that YuppFlix may have by reason of such default or breach at law, in equity, under contract or otherwise (all of which are expressly reserved).

F. Other No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual is authorized to change or override this Agreement. YuppFlix may, however, change this Agreement at any time and from time to time. The terms and conditions of this Agreement that either are expressly stated to survive or by their nature would logically be expected to survive its expiration or termination will continue thereafter This Agreement is in addition to any other written agreement(s), if any, between you and YuppFlix, and except as provided to the contrary herein, all such written agreements shall remain in full force and effect. Except as expressly set forth in this Agreement to the contrary, this Agreement replaces and supersedes any and all prior Agreements in their entirety, and such prior Agreements shall be of no further force or effect whatsoever.